This document is an excerpt from the EUR-Lex website
Document 62012TN0243
Case T-243/12: Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
Case T-243/12: Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
Case T-243/12: Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
OJ C 217, 21.7.2012, p. 28–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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21.7.2012 |
EN |
Official Journal of the European Union |
C 217/28 |
Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
(Case T-243/12)
2012/C 217/58
Language in which the application was lodged: German
Parties
Applicant: International Brands Germany GmbH & Co. KG (Paderborn, Germany) (represented by: B. Hein and M. Hoffmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Stuffer SpA (Bolzano, Italy)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2012 in case R 1058/2011-1 and reject the opposition; |
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Order the defendant to pay the costs of the proceedings, including those incurred during the appeal procedure. |
Pleas in law and main arguments
Applicant for a Community trade mark: International Brands Germany GmbH & Co. KG
Community trade mark concerned: Figurative mark ‘ALOHA 100 % NATURAL’ for goods in Class 32 — application No 7 050 701
Proprietor of the mark or sign cited in the opposition proceedings: Stuffer SpA
Mark or sign cited in opposition: National word mark ‘ALOA’ for goods in Class 32
Decision of the Opposition Division: Opposition allowed
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009